Drug court considered for Southern New Hampshire burglar
Jul. 14—BRENTWOOD — A 43-year-old serial burglar who started abusing drugs as a teenager is now asking the court for rehabilitation — saying it would be his first chance — instead of spending more years behind bars.
Joshua Fowler's criminal record dates back to the mid-1990s; a combination of mostly drug and burglary convictions that he says were fueled by addiction.
In the most recent criminal case, he's accused of burglarizing a storage unit in Hampstead, stealing a dozen guns, being an armed career criminal — meaning at least three felony convictions — and a felon in possession of a deadly weapon.
Attorneys said in court Thursday that 11 of the guns Fowler is accused of stealing are still missing.
Though unconventional in cases that don't include drug charges, Public Defender Matthew McNicoll advocated for Fowler to be sent to drug court instead of back to prison.
Drug courts, which have been adopted in New Hampshire and across the country during the last decade, are known to offer supervised substance abuse treatment and additional support for individuals approved by the court.
Fowler has remained in the Northern New Hampshire Correctional Facility, in Berlin, New Hampshire, while awaiting a resolution. If convicted of being an armed career criminal, he faces 10 to 40 years there and a fine up to $25,000 for the single charge.
"His record doesn't include significant violence or dangerousness. It's all been related to his untreated addiction," McNicoll said. "He told me during his last prison sentence that they didn't allow him to do any programming, he wasn't sentenced to do any programming."
Fowler was paroled in a separate case during the pandemic, his attorney said, and relapsed soon after he re-entered society.
It started a familiar cycle again; theft, arrest, incarceration.
"He needs structure," McNicoll said. "He's never had that."
According to past reporting in The Eagle-Tribune, Fowler was a Sandown resident in 2013 when he was convicted of breaking into homes in three nearby towns, amounting to seven counts of burglary.
Investigators at the time said Fowler would call victims' cell phones before shooting out their windows with a BB gun.
He broke into four homes in Hampstead, two in Derry and one in Londonderry between 2009 and 2010. Police estimated that $30,000 of electronics, jewelry and cash were stolen from the homes in Hampstead alone.
Hampstead Deputy Chief Robert Kelley, a member of the police force for more than 20 years, said in new court documents that Fowler also committed burglaries in Lawrence and Boxford, Massachusetts, and described him as a "serial burglar."
Prosecutors now are not convinced that the case should be settled with drug court, largely because of Fowler's dangerousness, specifically his connection to guns, and based on input from law enforcement.
Judge Tina Nadeau, a leader in the state rehabilitative program, suggested on Thursday a mediation next month. Members of the arresting police department will be invited to attend and weigh in.
"Our goal is to get this defendant to a place that he's not reoffending," she said, noting that Fowler is at high risk of that in conjunction with his substance abuse disorder.
Drug treatment court involves frequent court appearances, random drug testing and counseling. Programs last between a year and two.
Coordinator of the statewide program Alex Casale said publicly in 2019 that the statewide graduation rate was about 50%.
